Res 1999-107 - Laserfiche WebLink

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1 Section 8.02 - Effect. Except with respect to the parties' respective payment obligations, 2 neither the City nor GBRA shall be liable to the other for any failure or delay in performance 3 of any obligation under the Contract due to occurrence of an Uncontrollable Circumstance. 4 The party experiencing the Uncontrollable Circumstance shall promptly notify the other party 5 within five days of the occurrence of the Uncontrollable Circumstance and give specific 6 information relating to the Uncontrollable Circumstance, including impact on the party's 7 obligations under the Contract and any mitigating measures which might be undertaken. The 8 failure of a party to so notify the other party shall nullify the effect of the Uncontrollable 9 Circumstance. 10 11 ARTICLE 9 - PERFORMANCE STANDARDS AND GUARANTEES 12 13 Section 9.01 - GBRA Obligations. GBRA shall operate the Project at all times in such a 14 manner that the potable water produced shall be in compliance with the Performance 15 Standards, as described below. GBRA shall not make any changes to the normal treatment 16 processes of the Project without prior written approval from the City. GBRA shall maintain 17 detailed knowledge of all Federal, State, and local drinking water and water conservation 18 regulations, and shall notify the City in writing of any changes or proposed changes in the 19 Performance Standards or the Applicable Law that will impact operation of the Project. 20 21 Section 9.02 - Methodology for Determining Compliance. All analytical methods used 22 to demonstrate compliance with the Performance Standards and Applicable Law shall be 23 according to EP A-approved or State-approved methods. The analyses shall be performed 24 by a laboratory certified for drinking water analysis by the State of Texas. 25 26 Section 9.03 - Performance Standards. The Performance Standards for the Project are: 27 A. Settled water turbidity of 1.0 NTU, or less for 85 percent of samples. 28 B. No two consecutive 4-hour settled water turbidity values shall be greater than 3 29 NTU. 30 C. Settled water total organic carbon (TO C) concentration shall meet the 31 concentration limits established in the Enhanced Coagulation matrix promulgated in the 32 pending Stage One Disinfectant/ Disinfection By Product Rule. 33 D. A free chlorine residual of2.0 mg/l shall be maintained from the top of the filters 34 through the exit to the clearwell. A 0.5 log inactivation of giardia and 2.0 log inactivation 35 of viruses shall be maintained at all times with the disinfection system.. 36 E. A secondary chlorine residual of 2 mg/l shall be maintained at all times in the 37 distribution system, measured at delivery from the high service pump station. 38 F. The concentrations of disinfection byproducts measured in the distribution system 39 shall not exceed the limits established in the pending Stage One Disinfectant/Disinfection 40 Byproducts Rule. 41 G. The finished water shall be free from apparent odor and from any objectionable 42 taste and odors. SAN MARCOS REGIONAL SURF ACE WATER TREATMENT PLANT OPERATION CONTRACT 5-6-99 PAGE 16